Page images
PDF
EPUB

may, after a judge has appointed a special day for the hearing of evidence respecting the matters so certified, issue summonses to all persons and industrial associations suspected of having committed any of the offenses constituted by this part (according to the nature of the case), directing them to attend at a time and place therein mentioned; and the court may, without any complaint being made or any other summons being issued, deal with any such persons or associations shown to have been guilty of any such offenses as if they had been specially charged with such offenses.

(2) Such summonses may be served by registered letter or in any manner in which a summons in summary proceedings before justices may be served, or in manner prescribed by rules of court.

(3) Nothing in this section shall be deemed to exclude any other manner of proceeding in respect of such offenses or for the recovery of penalties.

PROCEEDINGS UNDER THIS PART TO BE IN THE COURT.

SEC. 41. Proceedings in respect of offenses under this part shall be taken and prosecuted in and be heard and determined by the court in manner prescribed by rules of court.

PART VI. MISCELLANEOUS.

SEC. 42. Every award made after the passing of this act, save as hereinafter provided, shall be deemed to contain provisions to the following effect, namely:

PAYMENT FOR CERTAIN HOLIDAYS.

(1) All work done by any employees on the following holidays, namely, New Year's Day, Good Friday, Easter Monday, the first Monday in May, the birthday of the Sovereign, Christmas Day, and Boxing Day, or on any day proclaimed to be kept in the place of any such holiday, shall be deemed overtime work and shall be paid for at the rate of time and a half.

Work done during ordinary working hours on any other day or holiday in the year shall not be deemed overtime work or be paid for at any increased rate:

Provided, That where any award made before the passing of this act contains a provision that work done on any holiday other than the holidays mentioned in this subsection shall be paid for at an increased rate, such provision with respect to such holiday may be continued in any future award of the board, whether such award is an amendment of the existing award or in substitution therefor, until it is annulled by any subsequent award or amendment thereof. Nothing in these provisions shall have reference to Sunday work.

VARIATION OF LIMIT OF WORKING HOURS.

(2) When any person on any one day is asked to perform two or more classes of work to which a differential rate fixed by an award is applicable, such person shall be paid in respect of the time occupied in work on that day at the highest rate fixed by the award in respect of the different classes of work.

COURT TO BE GUIDED BY EQUITY AND GOOD CONSCIENCE.

SEC. 44. Notwithstanding anything in this act or in any other law or any practice to the contrary—

(a) The court or any board, in the exercise of any jurisdiction, duty, power, or function conferred or imposed upon it, shall be governed in its procedure and in its awards and decisions by equity, good conscience, and the substantial merits of the case, without regard to technicalities or legal forms or the practice of other courts; and

(b) The court or any board, in the exercise of any such jurisdiction, duty, power, or function, shall not be bound by any rules or practice as to evidence, but may inform its mind on any matter in such manner as it thinks just. This section does not apply to proceedings in respect of offenses against this act.

AWARDS TO PREVAIL OVER CONTRACTS IN CASES OF CONELICT.

SEC. 45. Every award shall prevail over any contract of service or apprenticeship in force on the coming into operation of the award, so far as there is any

inconsistency between the award and the contract; and the contract shall thereafter be construed and have effect as if it had been modified, so far as necessary, in order to conform to the award: Provided, That no such contract shall be deemed to be inconsistent with an award for the reason only that such contract provides for more favorable conditions of employment than those provided by the award.

INTERVENTION BY THE CROWN.

SEC. 46. The Crown may, where, in the opinion of the minister, the public interests are or would be likely to be affected by the decision of the court or the award of a board, intervene in any proceedings before the court or such board and make such representations as it thinks necessary in order to safeguard the public interests.

REPRESENTATION OF PARTIES AT HEARING.

SEC. 47. On the hearing or determination of any industrial matter or industrial dispute, whether before any board or the court, a party being an industrial association may be represented by a member or officer, and any other party may be represented by his agent duly appointetd in writing in that behalf.

But no party shall be represented by counsel or solicitor or salaried officer of any industrial association or by any member of Parliament in any proceedings before the court or before a board.

COUNSELING OR PROCURING OFFENSES.

SEC. 48. (1) Every person who, or industrial association which, is directly or indirectly concerned in the commission of any offense against this act, or incites, counsels, takes part in, or encourages the commission of any such offense, shall be deemed to have committed that offense and shall be punishable accordingly.

ATTEMPTS.

(2) Any attempt to commit an offense against this act shall be an offense against this act punishable as if the offense had been committed.

GENERAL PENALTY.

SEC. 49. Any industrial association or person guilty of any contravention of this act, whether by commission or omission, shall, except where some penalty or punishment is specifically provided, be liable to a penalty not exceeding in the case of an industrial association or company £100 ($486.65), or in the case of a person £10 ($48.67).

RECOVERY OF PENALTY IMPOSED ON ASSOCIATION.

SEC. 50. (1) Where a penalty is imposed under this act on an industrial association, or an industrial association is under this act ordered to pay any sum, then, for the recovery of such penalty or sum, process may be issued and executed against the property of such association, or any property in which such association has a beneficial interest, whether vested in trustees or howsoever otherwise held, in the same manner as if the association were an incorporated company and the absolute owner of the property or interest.

(2) For the purposes of this section the property of an association shall be deemed to include the property of any association forming part of the firstmentioned association, or in which it has a beneficial interest, whether vested in trustees or howsoever otherwise held.

PROCEEDINGS FOR OFFENSES GENERALLY.

SEC. 51. (1) Proceedings in respect of offenses against this act shall, except where otherwise provided, be by complaint, and be heard and determined in a summary manner by a police magistrate: Provided, That appeals by way of quashing order or special case from the decision of a police magistrate shall lie to the court constituted under this act and not to the supreme court.

(2) The proceedings on such appeal shall, unless and until otherwise prescribed by rules of court, be regulated, mutatis mutandis, by the justices acts, 1886 to 1909: Provided, That

(i) The court on upholding a conviction may increase the term of imprisonment or the penalty, as the case may be, to such term or amount not exceeding that permitted by this act, or may reduce such term or penalty as the court deems proper;

(ii) The court may make such order concerning costs as it deems proper.

AWARD AS TO MINIMUM WAGE TO BE POSTED UP.

SEC. 52. There shall be kept printed, painted, or affixed in legible roman characters, in some conspicuous place at or near the entrance of every factory, workroom, shop, or premises to which an award applies, in such a position as to be easily read by the employees therein, a true copy of the award as to the lowest prices or rates of payment fixed by the award.

EVIDENCE OF ORDERS.

SEC. 53. (1) A copy of the Gazette containing an order purporting to be made by the governor in council under this act shall be conclusive evidence of the making of such order, and such order shall not be liable to be challenged or disputed in any court whatever.

EVIDENCE OF AWARD.

(2) An office copy of or copy of the Gazette containing an award, order, decision, or other act of the court, purporting to be sealed with the seal of the court, or an office copy of an award of a board, certified to be true under the hand of the registrar, or a copy of the Gazette containing the same, shall be received in all courts and tribunals and before all persons as evidence of such award, order, decision, of other act without further proof; and it shall not be necessary to prove any condition precedent entitling the court or board to make the decision, order, or award.

CERTIFICATE AS TO MEMBERSHIP.

(3) A certificate of the registrar that any specified person was at any specified time qualified or elected to be or was the chairman or a member of any specified industrial association shall (subject to review by a judge) be conclusive evidence that the facts were as stated.

SPECIAL MODE OF SERVICE MAY BE DIRECTED.

SEC. 54. When it is made to appear to a judge or to the chairman of a board that personal or other service of any summons, notice, or other document in connection with or for the purposes of any proceeding in or intended to be brought in the court or before the board can not promptly be effected in manner prescribed, the judge or chairman may, in his discretion, make any order for substituted or other service or the substitution for service of notice by letter, telegram, public advertisement, or otherwise, which he deems necessary or convenient; and in such case compliance with such order shall be sufficient service.

POWERS OF ENTRY FOR INSPECTION OF FACTORIES, ETC.

SEC. 55. (1) A judge or a board and (upon being authorized in writing by a judge) any officer of the court or any other person, or (upon being authorized in writing by the chairman) any member of a board or any other person, without any other warrant than this act, may at any time during working hours(a) Enter any place or premises or any ship or vessel of any kind whatsoever, wherein or in respect of which any calling is carried on or any work is being or has been done or commenced, or any matter or thing is taking or has taken place in relation to which any industrial dispute exists or is threatened or impending or will probably arise, or any industrial matter within the jurisdiction of the court or such board exists, or any award has been made, or any offense against this act is suspected.

69098-1621

INSPECTION OF WORK AND INTERROGATION OF PERSONS.

(b) Inspect and view any work, material, machinery, appliances, article, matter, or thing whatsoever, being in such place, premises, ship, or vessel.

(c) Interrogate any person or persons who may be in or upon such place, premises, ship, or vessel in respect of or in relation to any matter or thing hereinbefore mentioned.

(2) Every person who hinders or obstructs a judge, or a board or any member thereof, or any officer of the court or other person, in the exercise of any power conferred by this section, or who refuses or unduly delays to a judge, or a board, or any officer of the court, member of a board, or other person authorized as aforesaid, entrance during any such times as aforesaid to any such place, premises, ship, or vessel, or refuses to answer any question put to him as aforesaid, or gives or makes any information or statement which is to his knowledge false, shall be liable to a penalty not exceeding £50 ($243.33).

FALSE STATEMENTS, ETC., TO EMPLOYERS.

SEC. 56. When under any award the amount of wages payable by an employer to an employee depends wholly or in part upon the age or experience or duration of previous employment of the employee, any person who, when seeking employment or while an employee, gives or makes to an employer any information or statement relating to any such matters which is false to the knowledge of such person or employee shall be liable to a penalty not exceeding £20 ($97.33).

INSPECTORS AND THEIR DUTIES.

SEC. 57. (1) It shall be the duty of inspectors of factories and shops to see that the provisions of awards and orders of the court and of boards are duly observed.

(2) In the discharge of such duty an inspector may require any employer or employee to produce for examination any wages books or overtime books necessary for the purpose of this act.

(3) Any such inspector who, except for the purposes of this act, and in the exercise of his functions under this act, discloses to any person any information which, in the exercise of such functions, he acquires, shall be liable to a penalty not exceeding £50 ($243.33).

SAVING OF RIGHTS OF ACTION AND OF CRIMINAL CODE.

SEC. 58. Nothing contained in this act shall affect any right of action in respect of any actionable wrong which any person would have had against another if this act had not been passed.

Nothing contained in this act shall affect the provisions of the criminal code.

REGULATIONS.

SEC. 59. (1) The governor in council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this act or that may be necessary or expedient to carry out the objects and purposes of this act, and, where there may be in this act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this act, providing for and supplying such omission or insufficiency.

(2) The regulations may fix a penalty, not exceeding in any case £10 ($48.67) for any breach thereof.

(3) All such regulations shall be published in the Gazette; and thereupon, subject to subsection four hereof, shall be of the same effect as if they were contained in this act.

Such regulations shall be laid before both houses of Parliament within fourteen days after such publication, if Parliament is in session, and if not, then within fourteen days after the commencement of the next session.

(4) If either house of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such house after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime.

POWER TO AMEND OR RESCIND ORDERS.

SEC. 60. (1) The governor in council may, by another order in council published in the Gazette, amend or rescind any order in council made under this act.

MISNOMER, ETC., NOT TO PREJUDICE.

(2) No misnomer or inaccurate description or omission in or from any order in council made under this act shall in anywise prevent or abridge the operation of this act with respect to the subject-matter, provided the same is designated so as to be understood.

INFORMALITIES.

(3) No order in council purporting to be made under this act, and being within the powers conferred on the governor in council, shall be deemed invalid on account of any noncompliance with any of the matters required by this act as preliminary to the same.

EXPENSES.

SEC. 61. All moneys required for the purposes of this act shall be paid out of moneys provided by Parliament.

NEW SOUTH WALES.

[Industrial arbitration ́act, 1912, No. 17.]

AN ACT To provide for the regulation of the conditions of industries in certain particulars by means of industrial conciliation and arbitration, and for the repression of lockouts and strikes; to establish and define the powers, jurisdiction, and procedure of an industrial court and certain subsidiary tribunals; to preserve certain awards and industrial agreements; to repeal the industrial disputes act, 1908, the industrial disputes amendment act, 1908, the industrial disputes (amendment) act, 1909, and the industrial disputes (amendment) act, 1910; to amend the clerical workers act, 1910, and certain other acts; and for purposes consequent thereon or incidental thereto.

PART I.-PRELIMINARY.

SHORT TITLE.

SECTION 1. This act may be cited as the "Industrial arbitration act, 1912."

COMMENCEMENT.

SEC. 2. This act shall commence on and from a date to be proclaimed by the governor in the Gazette.

Provided, That the provisions of this act relating to the registration of industrial unions and the appointment of boards, and all provisions necessary for such registration and for making such appointments, shall come into force on the passing of this act.

REPEAL AND SAVINGS.

SEC. 4. (1) The industrial disputes act, 1908, the industrial disputes amendment act, 1908, the industrial disputes (amendment) act, 1909, and the industrial disputes (amendment) act, 1910, are repealed.

AWARDS.

(2) All awards, orders, and industrial agreements made under authority of the acts hereby repealed and in force at the commencement of this act shall, until rescinded under this act, continue in force for the respective periods fixed by such awards, orders, or industrial agreements, and shall be deemed to have been made under this act. In construing any such award, order, or industrial agreement references to the registrar shall be read as references to the registrar appointed under this act, and for the purpose of any appeal from the registrar references to the industrial court shall be read as references to the court of industrial arbitration constituted by this act.

« EelmineJätka »